2006 Cri LJ 138 (Bom) ::2006 (2) AIR BOM R 194 ::(2006) 1 Bom CR (Cri) 258 ::(2006) 1 FAC 57 ::2006 Bom LR 350 ::2006 All MR (Cri) 665 ::2006 (1) FAC 57 ::2006 (1) Bom LR 350 ::2006 (1) Bom CR (Cri) 258

Bombay High Court

Hon'ble Judge(s): N. A. Britto , J

(A) Prevention of Food Adulteration Act (37 of 1954) , S.7, S.16, S.13(2)— Food adulteration - Delay in filing complaint and sending notice to accused - Thereby defeating right of accused to get sample analysed by Central Food Laboratory - No conviction possible under such circumstances - Proceedings liable to be quashed. Criminal P.C. (2 of 1974) , S.482— In this case, the delay in filing the complaint and sending the notice under S.13 (2) of the Act belatedly is entirely attributable to the Complainants which has resulted in defeating a valuable right of the accused, a right which is fundamental to their defence. The complainant as well as the local health authority had to ensure that a statutory right given to the accused would not be frustrated. In instant case in the case of the two of the purchases the notice given to the petitioners/accused was given much after the "Best Before Date" and in cases of the third purchase, the notice was given just before two days of the said "Best Before Date" thereby making it impossible for the petitioners accused even if they were stationed in this State, to exercise the said right of making an application to the Court concerned to get the sample of the article of food kept by the Local Health Authority analysed by the Central Food Laboratory. Even if the petitioners accused had made such an application....